National Legal Consortium Agreed Fee Scheme
Definitions
C E Law - a trading name of C E Legal Ltd. C E Legal Ltd is authorised by the Solicitors Regulation Authority (number 613765) to act as solicitors of the Supreme Court of judicature in England and Wales.
National Legal Consortium -a trading style of C E Legal Ltd established to offer construction law advice and assistance to qualifying clients on an agreed fee basis
National Legal Consortium Agreed Fee Scheme – the scope of services offered by the National Legal Consortium to clients paying an agreed fee.
Agreed Fee – an annual sum to be paid to the C E Law for the services of the National Legal Consortium
Retainer – the written agreement between C E Law and the client for the provision of the services offered by the National Legal Consortium Agreed Fee Scheme.
Disbursement - any court fee, counsels fee, experts fee or other expense incurred in the provision of legal advice not being the cost of the advising solicitor
Qualifying clients
The National Legal Consortium Agreed Fee Scheme:
1. Advises companies, individuals or partnerships in business undertaking construction operations as defined by s.105 Housing Grants, Construction and Regeneration 1996 in England and Wales.
2. Does not advise Main Contractors that sub contract works to sub–contractors.
Agreed Fee
The National Legal Consortium Agreed Fee Scheme:
3. Provides its services for an Agreed Fee payable annually.
4. The agreed fee will be discounted by 5% if paid within 28 days or may be paid by 12 equal instalments.
5. C E Legal Ltd reserves the right to increase the Agreed Fee annually on the 1st May of each year.
Scope of services
The National Legal Consortium Agreed Fee Scheme:
6. Provides legal services on the C E Law Terms of Retainer issued to clients upon acceptance as clients of the National Legal Consortium Agreed Fee Scheme.
7. Provides construction law advice and will advise:
a) on sums claimed by a client that became due and payable after the date the client first became a client of the National Legal Consortium.
b) on claims made against a client that were first made after the client first became a client of the National Legal Consortium.
c) on contracts, notices and other construction law issues not being a claim to be made by or against the client from the date the client becomes a client of the National Legal Consortium.
For the avoidance of doubt the National Legal Consortium Agreed Fee Scheme will not advise on disputes that arose before the client first became a client of the National Legal Consortium (although clients will be entitled to a 15% discount on C E Laws normal hourly rates for dealing with any such matters)
8. Will advise on disputes or matters in which the sums in dispute or the value of the subject matter of the advice does not exceed £3 million (or the maximum level of C E Laws Professional Indemnity Insurance from time to time if greater).
9. The National Legal Consortium Agreed Fee Scheme will advise on court proceedings. In the event a client wishes to take or defend court proceedings it will be asked to enter into a conditional fee agreement with C E Law.
10. Clients will be entitled to a discount of 15% of C E Law’s normal hourly rates should they wish to instruct C E Law to undertake work not supported by The National Legal Consortium Agreed Fee Scheme.
Exclusions from services.
The services offered by the National Legal Consortium Agreed Fee Scheme are subject to the following qualifications:
11. The National Legal Consortium Agreed Fee Scheme will only act in court proceedings:
a) with a reasonable prospect of success,
b) with a reasonable prospect of recovery (where appropriate),
c) that are not frivolous or vexatious.
d) that involve a claim for a sum in excess of £250 or the defence of a claim for a sum in excess of £250.
12. The National Legal Consortium Agreed Fee Scheme will only act in Adjudication proceedings:
a) with a reasonable prospect of success,
b) with a reasonable prospect of recovery (where appropriate),
c) that are not frivolous or vexatious,
d) that involve a claim for a sum in excess of £7,500 (where appropriate).
13. In the event of a dispute between the National Legal Consortium and a client as to whether a claim satisfies the requirements of 10 or 11 above the matter will be referred for review by the client’s choice of one of a panel of 4 independent Barristers maintained by The National Legal Consortium Agreed Fee Scheme. The costs of the nomination and advice will be met by the client in the event that counsel’s advice is that the claim does not satisfy the requirements of 10 or 11 above and otherwise will be met by the National Legal Consortium Agreed Fee Scheme.
14. The National Legal Consortium Agreed Fee Scheme provides the services of a solicitor under the scheme, clients will be responsible for all court fees, counsel’s fees, expert’s fees and other disbursements incurred in the conduct of litigation.
15. C E Law may require the payment of any such disbursements on account before incurring the same.
16. In the event that After the Event insurance covering an opponent’s legal costs is arranged on a client’s behalf the client will be responsible for all sums due and payable to the insurers. Such sums will not be paid by the National Legal Consortium Agreed Fee Scheme.
17. The National Legal Consortium Agreed Fee Scheme will not assume conduct of proceedings commenced by or against a client prior to the date the client first became a client of the National Legal Consortium Agreed Fee Scheme. Should a client wish C E Law to assume conduct of proceedings that it has taken or that have been commenced against it before it became a client of the National Legal Consortium Agreed Fee Scheme, C E Law will consider doing so on the advantageous terms offered to clients of the National Legal Consortium Agreed Fee Scheme but will have no obligation to do so.
18. The National Legal Consortium Agreed Fee Scheme will not provide advocacy in the Small Claims Court (currently for claims up to £10,000) although it will advise on the preparation of Small Claims cases. Should a client require representation in the Small Claims Court C E Law can arrange the same at additional cost to the client.
19. The services offered by National Legal Consortium Agreed Fee Scheme do not include the drafting of contracts. Clients of the National Legal Consortium Agreed Fee Scheme will be able to instruct C E Law to draft contracts should they wish to do so.
20. Clients must at all time act fairly, reasonably and in good faith when accessing the services of the National Legal Consortium Agreed Fee Scheme.
Failure to pay the National Legal Consortium Agreed Fee Scheme agreed fee or other sums due to C E Law
21. C E Legal Ltd reserves the right to terminate the retainer of any client that it believes is not acting in accordance with this paragraph.
In the event that a client
a) Fails to pay the National Legal Consortium Agreed Fee Scheme agreed fee; or
b) Fails to pay any sum due to C E Law properly incurred in acting on the client’s behalf
Should the client fail to make good the default set out above within 14 days of a notice from C E Law requiring it to do so the client’s retainer may be terminated by further written notice.
Consequences of termination of retainer or failure to renew retainer
22. A client will lose access to the benefits of The National Legal Consortium Agreed Fee Scheme in the event that its retainer is terminated or the client fails to renew the agreed fee after 12 months.
23. The benefits of the National Legal Consortium Agreed Fee Scheme are only available to clients that pay the agreed fee. In the event that C E Law terminates the client’s retainer to The National Legal Consortium Agreed Fee Scheme as a consequence of the client’s failure to pay its agreed fee C E Law will be entitled to recover from the client any sum that would otherwise be payable to C E Law under its normal hourly rates for the work undertaken for the client to the date of termination of the retainer from the commencement or renewal of the retainer together with any part of the agreed fee unpaid at the termination of the client’s retainer.
24. In the event that
a) C E law terminates the client’s retainer of The National Legal Consortium Agreed Fee Scheme as a consequence of the client’s failure to pay the agreed fee; or
b) The client does not renew the National Legal Consortium Agreed Fee Scheme retainer after 12 months
C E Law may offer to continue to represent the client on its normal terms of business. If C E Laws offer of continuing representation is not accepted within seven days by the client C E Law will seek to be removed as acting for the client in any proceedings in which it acts for the client at the termination of the National Legal Consortium Agreed Fee Scheme retainer.
25. In the event that C E Law terminates the client’s National Legal Consortium Agreed Fee Scheme retainer for any reason it shall have no liability to the client for any losses arising from the termination of the client’s retainer howsoever arising.
Conflicts
26. In the event a conflict or potential conflict arises between the clients of C E Law’s National Legal Consortium Agreed Fee Scheme or between a client of the National Legal Consortium Agreed Fee Scheme and any other client of C E Law not being a member of the National Legal Consortium Agreed Fee Scheme then C E Law will cease to act for either party in the matter giving rise to the dispute and both clients will be required to seek advice from other solicitors. In such circumstances the National Legal Consortium Agreed Fee Scheme will not be responsible for the client’s legal costs in obtaining such advice. The clients concerned will still be entitled to the benefit of the scheme in respect of any other legal advice they may require during the period of the subscription (save for further conflicts with scheme members).
Licence to use The National Legal Consortium Agreed Fee Scheme logo.
27. C E Law will grant a licence to all clients of the National Legal Consortium Agreed Fee Scheme to display the National Legal Consortium logo on their website and on their headed notepaper whilst clients of the National Legal Consortium Agreed Fee Scheme.
Right to decline to accept retainer
28. C E Legal Ltd reserves the right to refuse to enter into a retainer under the National Legal Consortium Agreed Fee Scheme with any applicant.
